Succession certificate

Melvin (Querist) 18 October 2011 This query is : Resolved
We are having a flat at vikhroli which is in my mom`s name . my mom has expired in the year 2000. now we want to transfer the flat to my dad`s name . can anybody tell me the procedure to do the same . somebody told me i will require Succession Certificate . What is the procedure for the same . If anybody out there does it pls send me ur mail id also . including the charges

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ajay sethi (Expert) 18 October 2011
did your mother leave behind any nomination?

if your mother died intestate you may need a succession certificate from bombay high court .

sucession certificate has to be in name of all legal heirs .

charges depend upon legal fees of laywer fighting case , court fees , out of pocket expenses etc

Devajyoti Barman (Expert) 18 October 2011
Since this is an immoveable property it does not require succession certificate.

If after death of your mother you and your fate the only legal heirs then you can gift your half share in the property in favour of your father.

Advocate M.Bhadra (Expert) 18 October 2011
There is no need to get a Succession Certificate in respect of immovable property.If your mother left any property in her own name then all legal heirs are equal share over the property,if you like to transfer your share to your father you can transfer the same by registered Gift Deed.

prabhakar singh (Expert) 18 October 2011
In case the flat is in a COOPERATIVE SOCIETY [CHS]WITH SHARES SUCCESSION CERTIFICATE WOULD BE REQUIRED.IF vikhroli IS IN MUMBAI[i am not aware of its location]
YOU MAY CONTACT Mr.SETHI ON FOLLOWING ADDRESS:

email id : ajaysethi64@gmail.com mobile no 9820087763

address: 307 , Natwar Chambers
3rd florr ,
nagindas master road
Fort .Mumbai 400023

Guest (Expert) 18 October 2011
GET DEATH, LEGAL HEIR CERTIFICATE. THEN APPLY TO SUB-COURT/DISTRICT COURT(CIVIL COURTS) YOU WILL GET IT.

M V Gupta (Expert) 19 October 2011
Succession certificate is the last resort. Please see Bye law 35 of the model bye laws of housing Societies . The Managing Committee is vested with sufficient powers to decide the person to whom the Shares of the deceased Member have to be transferred after publishing a notice in two news papers having wide circulation in the area and following the other procedure prescribed in the Bye law.In case there are conflicting claims then only the Committee may require succession certificate.

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